Shurtleff v. State

District Court of Appeal of Florida

Shurtleff v. State

738 So. 2d 1028, 1999 Fla. App. LEXIS 11159, 1999 WL 629904

CourtDistrict Court of Appeal of Florida

DecidedAugust 20, 1999

DocketNos. 98-2777, 99-482

StatusPublished

Cited by1 cases

This text of 738 So. 2d 1028 (Shurtleff v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shurtleff v. State, 738 So. 2d 1028, 1999 Fla. App. LEXIS 11159, 1999 WL 629904 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

We affirm the trial court’s denial of the petition for writ of habeas corpus and/or petition for a writ of error coram nobis because the petition was facially insufficient. We deny the application to this court for permission to file in the circuit court a petition for writ of error coram nobis because the trial court did have jurisdiction to entertain the petition filed there. State v. Woods, 400 So.2d 456, 457 (Fla.1981) (the trial court does not have jurisdiction to entertain a petition for writ of error coram nobis absent permission from the appellate court when the judgment has been affirmed by the appellate court; however, where no appeal was taken from the judgment, the petition must be filed in the trial court).

BARFIELD, C.J., WEBSTER and BENTON, JJ., CONCUR.

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PER CURIAM.

We affirm the trial court’s denial of the petition for writ of habeas corpus and/or petition for a writ of error coram nobis because the petition was facially insufficient. We deny the application to this court for permission to file in the circuit court a petition for writ of error coram nobis because the trial court did have jurisdiction to entertain the petition filed there. State v. Woods, 400 So.2d 456, 457 (Fla.1981) (the trial court does not have jurisdiction to entertain a petition for writ of error coram nobis absent permission from the appellate court when the judgment has been affirmed by the appellate court; however, where no appeal was taken from the judgment, the petition must be filed in the trial court).

BARFIELD, C.J., WEBSTER and BENTON, JJ., CONCUR.

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Bluebook (online)

738 So. 2d 1028, 1999 Fla. App. LEXIS 11159, 1999 WL 629904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shurtleff-v-state-fladistctapp-1999.

Opinion

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